Judgment - United States Sugar Corp v. EPA

Opinion

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 11-1108 September Term, 2016 FILED: DECEMBER 23, 2016

UNITED STATES SUGAR CORPORATION, PETITIONER

v.

ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

AMERICAN CHEMISTRY COUNCIL, ET AL., INTERVENORS

Consolidated with 11-1124, 11-1134, 11-1142, 11-1145, 11-1159, 11-1165, 11-1172, 11-1174, 11-1181, 13-1086, 13-1087, 13-1091, 13-1092, 13-1096, 13-1097, 13-1098, 13-1099, 13-1100, 13-1103

____________________________________

No. 11-1141 AMERICAN CHEMISTRY COUNCIL, PETITIONER

v.

ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

AMERICAN FOREST & PAPER ASSOCIATION, ET AL., INTERVENORS

Consolidated with 11-1182, 11-1207, 11-1208, 13-1105, 13-1107

On Petition for Panel Rehearing

Before: HENDERSON, BROWN and GRIFFITH, Circuit Judges.

JUDGMENT

These causes came to be heard on the petition of the Environmental Protection Agency for panel rehearing as to remedy, and the responses thereto. On consideration thereof, it is

ORDERED and ADJUDGED that the judgment of this court filed July 29, 2016 remain in effect as to No. 11-1125, et al., American Forest & Paper Association, Inc., et al. v. EPA, and the above-captioned cases, in accordance with the opinion filed July 29, 2016. It is

FURTHER ORDERED and ADJUDGED that the numeric MACT standards set in the Major Boilers Rule for new and existing sources in each of the eighteen subcategories be remanded without vacatur for the agency to conduct further proceedings consistent with the court's prior opinion issued July 29, 2016, in accordance with the opinion issued here in this date.

FOR THE COURT: Mark J. Langer, Clerk

BY: /s/

Ken Meadows Deputy Clerk

Date: December 23, 2016

Opinion Filed Per Curiam